In short: if your tenant isn't paying the rent, start with a quick, calm conversation and put every agreement in writing. If the payment still doesn't come, send a formal notice by registered letter. If that doesn't work, you can ask the justice of the peace for free conciliation, and then start proceedings for payment and, if needed, termination of the lease. What you must never do: change the locks, put the tenant's belongings outside, or cut off water and electricity. And the rental deposit is not an emergency fund during the tenancy.

First: why isn't the tenant paying?

Rent arrears almost always have a cause: a forgotten transfer, a new bank account, a lost job, illness, or a dispute about a defect in the home. That cause decides the best approach. Get in touch within a few days, by phone or message, and simply ask what's going on.

• An oversight or a delay? Agree on a specific payment date and confirm it in writing.
• A temporary money problem? A payment plan is often the fastest way to your money. Write down the amount, the dates and what happens if it isn't kept, and sign it together.
• A complaint about the home? A tenant can't simply withhold rent because a repair is needed. But the conversation shows you what to fix before it escalates.

Keep everything: messages, emails, proof of payment. If it ends up before the justice of the peace, that's your file.

Step 1: the formal notice

If the payment doesn't follow your first contact, send a formal notice (ingebrekestelling in Dutch, mise en demeure in French): a letter formally demanding payment. Send it by registered mail so you can prove it was sent and when. Include:

• the amount in arrears, month by month;
• a reasonable deadline to pay, for example 8 to 15 days;
• the bank account to pay into;
• that, without payment, you'll take the matter to the justice of the peace;
• late-payment interest, if your lease provides for it or from the date of the notice.

Keep it factual. A formal notice isn't a threat; it's proof that you properly asked the tenant to pay. What counts for the judge is that you acted reasonably and correctly.

Step 2: free conciliation with the justice of the peace

Rental disputes go to the justice of the peace of the canton where the property is. You can first ask for conciliation: you and the tenant are invited together, and the judge tries to reach an agreement. It's free, and an agreement is recorded in minutes that are as enforceable as a judgment. For many arrears, this is the fastest and cheapest solution.

Step 3: proceedings for payment and termination

If conciliation fails, or the tenant doesn't turn up, you can ask the justice of the peace to:

• order the tenant to pay the arrears, with interest;
• terminate the lease at the tenant's fault, if the breach is serious enough;
• authorise an eviction.

If you ask for an eviction, the court registry normally informs the local public social welfare centre (OCMW / CPAS) so the tenant can get help. The judge always decides, and may for example still grant a payment plan. A lawyer isn't required before the justice of the peace, but for termination and eviction proceedings, legal advice is wise. In Brussels, evictions are in principle suspended in winter, from 1 November to 15 March, with exceptions.

What you must never do

However frustrating the arrears: taking the law into your own hands is forbidden. You may not:

• change the locks or keep the tenant out;
• put the tenant's belongings outside;
• have water, gas or electricity cut off;
• enter the home without permission.

An eviction only happens after a judgment, and it is carried out by a bailiff. Trying it yourself risks damages and even criminal prosecution, and weakens your own case.

What about the rental deposit?

The deposit is usually held on a blocked account in the tenant's name: up to 3 months' rent in Flanders, and up to 2 months on a blocked bank account in Brussels and Wallonia. You can't use it on your own to cover current rent. It's security for the end of the tenancy, when it's released with both your signatures or by decision of the justice of the peace, and unpaid rent can then be deducted. More in our guide Rental Deposit in Belgium: How Many Months, Which Form, and When Do You Release It?

Prevention: three habits

1. Check beforehand, within the legal limits. You may check affordability, but not ask everything. See what you can legally ask a prospective tenant.
2. Follow every payment. One month of arrears is easier to resolve than three. A landlord who only notices after months is in a weaker position.
3. Document from day one. A registered lease, a check-in inspection report and a record of all payments make every later step easier.

See it straight away, not after three months

Most rent arrears grow because they're noticed too late. ImmoDesk shows for every lease which rent is paid and which isn't, and notifies you a few days before the due date, on the due date, and again when the rent is 5 and 10 days late. The lease, payments and documents are in one place, so when you need to send a formal notice, you have the overview of the arrears at hand. Try ImmoDesk free for 7 days, no credit card required.

This article is general information about rent arrears under residential leases in Belgium, valid in 2026, and is not legal advice. The rules differ by region (Flanders, Brussels, Wallonia) and change over time. Check your situation with a lawyer, a landlords' association or the registry of the justice of the peace.